BV80

Validation AND FDCPA

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I DV'd a JDB. They sent a "Verification of Debt" that included the name of the OC, etc.

Since I'm the one who requested they write me with the information, is the letter still supposed to have a statement saying "This is from a debt collector" or "This is an attempt to collect a debt?"

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Did they send along with the letter, an statement of some kind from the original creditor, stating how they arrived with the balance from day one? That is a big part of DV.

No they didn't. Actually, the FDCPA does not specify what is necessary to validate or verify. The only things the law does specify is the name and address of the OC and the amount of the debt.

I agree with your statement when it comes to a lawsuit or reporting to the CRAs.

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Section 809(B) of Fair Debt Collection Practices Act does states the type of verification that is required. The statue requires that the debt collector obtain verification of the debt & mail it to the consumer. This information has to come directly from the original creditor. Mere itemization of what the debt collector has does not accomplish this purpose. You can request a copy of a statement from day one as to how they arrived at the balance, an also a copy of the original contract.

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